South Carolina

There is no South Carolina state law covering minimum wage; the issue is addressed by the federal Fair Labor Standards Act

Checked

2026-08-13

There is no South Carolina state law covering overtime pay; the issue is addressed by the federal Fair Labor Standards Act

Checked

2026-08-13

In South Carolina, the governing rule for employee classification is federal: A determination of whether a worker is an employee or independent contractor under the Act focuses on the economic realities of the worker’s relationship with the worker’s potential employer and whether the worker is either economically dependent on the potential employer for work or in business for themself (29 CFR § 795.105(a); six factors at § 795.110(b)).

Effective

2024-03-11

Checked

2026-08-09

Every employer shall notify each employee in writing at the time of hiring of the time and place of payment, and shall pay all wages due at the designated time and place.

Checked

2026-08-13

When an employer separates an employee from payroll for any reason, all wages due must be paid within forty-eight hours or the next regular payday, which may not exceed thirty days.

Checked

2026-08-13

Every employer shall furnish each employee with an itemized statement showing gross pay and deductions for each pay period.

Checked

2026-08-13

An employer shall not withhold or divert wages unless required or permitted by state or federal law or the employee received written notification of the amount and terms of the deductions.

Checked

2026-08-13

Employers shall pay wages in lawful United States money or by negotiable warrant or check bearing even date with payday; qualifying insured direct deposit must permit at least one free withdrawal per deposit.

Checked

2026-08-13

There is no requirement under South Carolina law for an employer to provide employees with breaks or a lunch period

Checked

2026-08-13

No general working time requirement for private employers was located in SC's official sources as of 2026-08-13. This records the result of a documented search of the state's official publishers, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

No general predictive scheduling requirement for private employers was located in SC's official sources as of 2026-08-13. This records the result of a documented search of the state's official publishers, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

No general expense reimbursement requirement for private employers was located in SC's official sources as of 2026-08-13. This records the result of a documented search of the state's official publishers, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

Wages include amounts at which labor is recompensed when calculated on a commission basis.

Checked

2026-08-13

Wages for South Carolina unemployment insurance include remuneration paid for personal services, including commissions and bonuses.

Checked

2026-08-13

No general severance requirement for private employers was located in SC's official sources as of 2026-08-13. This records the result of a documented search of the state's official publishers, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

No general holiday premium pay requirement for private employers was located in SC's official sources as of 2026-08-13. This records the result of a documented search of the state's official publishers, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

No general prevailing wage requirement for private employers was located in SC's official sources as of 2026-08-13. This records the result of a documented search of the state's official publishers, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

South Carolina law does not require an employer to provide paid sick time, but an employer that provides the benefit must give notice of and follow its policy

Checked

2026-08-13

No general paid family medical leave requirement for private employers was located in SC's official sources as of 2026-08-13. This records the result of a documented search of the state's official publishers, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

South Carolina state law does not require an employer to provide an employee with benefits, but an employer that does so must give notice of and follow the policy

Checked

2026-08-13

Every employer with an employee earning wages in South Carolina who is required to file a federal withholding return is also a South Carolina withholding agent.

Checked

2026-08-13

Employees starting a new job must submit an SC W-4; if a new employee does not provide it, the number of South Carolina withholding allowances is zero.

Checked

2026-08-13

No general supplemental wages requirement for private employers was located in SC's official sources as of 2026-08-13. This records the result of a documented search of the state's official publishers, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

If a South Carolina resident earns wages in a state that does not have a state income tax, withholding should be for South Carolina.

Checked

2026-08-13

No general local taxation requirement for private employers was located in SC's official sources as of 2026-08-13. This records the result of a documented search of the state's official publishers, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

Wage base $14,000

South Carolina unemployment insurance taxes are charged on the first $14,000 of wages earned by each employee.

Checked

2026-08-13

No general disability insurance requirement for private employers was located in SC's official sources as of 2026-08-13. This records the result of a documented search of the state's official publishers, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

Businesses that regularly employ four or more employees within South Carolina are generally required to maintain workers compensation coverage; part-time workers and family members count as employees.

Checked

2026-08-13

South Carolina resident withholding agents must make withholding payments with the same frequency as their federal payments.

Checked

2026-08-13

Withholding returns are due by the end of the month following each quarter: WH-1605 for the first three quarters and WH-1606 for the fourth quarter and annual reconciliation.

Checked

2026-08-13

W-2 forms are due to employees, the IRS or SSA, and the South Carolina Department of Revenue annually by January 31.

Checked

2026-08-13

Employers must report each newly hired or rehired employee to the South Carolina Department of Social Services within twenty days.

Checked

2026-08-13

25%

In South Carolina, the governing rule for garnishments is federal: A garnishment may not take more than the lesser of 25 percent of an employee's disposable earnings for the workweek, or the amount by which those disposable earnings exceed thirty times the federal minimum hourly wage. Earnings equal to or below thirty times the minimum wage may not be garnished in any amount. Orders for support, bankruptcy orders and debts for federal or state tax are excepted from this restriction (15 U.S.C. 1673; 29 CFR 870.10).

Checked

2026-08-10

No general pay equity requirement for private employers was located in SC's official sources as of 2026-08-13. This records the result of a documented search of the state's official publishers, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

No general pay transparency requirement for private employers was located in SC's official sources as of 2026-08-13. This records the result of a documented search of the state's official publishers, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

No general salary history requirement for private employers was located in SC's official sources as of 2026-08-13. This records the result of a documented search of the state's official publishers, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

3%

For failure to pay wages as required, an employee may recover in a civil action three times the full amount of unpaid wages, plus costs and reasonable attorney fees.

Checked

2026-08-13

Every employer shall keep posted in a conspicuous place a printed notice stating the law governing employment of adults and children and regulation of hours and working conditions.

Checked

2026-08-13

No employer in South Carolina shall engage in oppressive child labor practices.

Checked

2026-08-13

Private employers required by federal law to maintain employment eligibility forms must participate in E-Verify and verify every new employee within three business days after employment.

Checked

2026-08-13

A South Carolina business with employees must register for state withholding with the Department of Revenue and for State Unemployment Insurance Tax through SUITS.

Checked

2026-08-13

Every employer shall keep records of employee names and addresses, wages paid each payday and deductions made for three years.

Checked

2026-08-13

2000%

An employing unit that wilfully violates the unemployment chapters is liable to a $2,000 penalty and may also face a fine or imprisonment, with each day of a continuing violation treated as a separate offense.

Checked

2026-08-13

A civil action for recovery of wages must be commenced within three years after the wages become due.

Checked

2026-08-13